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Vync

Content Curator/HadIt.com Elder
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Everything posted by Vync

  1. This med left me with almost no sense of taste and a hollow, stoned-out detachment from reality feeling.
  2. Please note that I don't know much about hypertension claims, but suffer from it. My private insurance company sent me a BP machine and instructed me to keep a daily BP diary. It turned out that the nurse I talked to about it happened to be a Veteran and was rated for hypertension. They said their diary helped tip the scales in their claim. I don't know if this is really true, but have kept a daily BP diary ever since. Below is the official rating criteria. They could deny just on Note 1 by itself. If you kept a daily BP diary, it might help overcome that. There are plenty of fellow members here who are SC for hypertension and should be able to provide much more beneficial info than me.
  3. I used to work at a union shop, but I was not a union member. They had stupid rules of who could do what. If a new computer came in, you couldn't connect it to the power or network because they had to have a union employee plug the wires into the wall. They also had union workers who would call us up just to talk to someone because they were bored - they were given a job to sit in an office and wait until an audible alarm went off, which rarely happened. After seeing that, I realized why my utility bills were always so high.
  4. You probably know this, but remember that because it was a reconsideration, there is a time limit. If they approve it before the deadline, you're ok. If they don't approve it, you'll need to convert that to an official appeal/NOD/or NOD with request for in-person DRO review, or you risk losing the effective date. I only mention this because the VA is famous for telling Veterans that their claim is expedited, but in reality it might take forever. I personally have not experienced an expedited claim, except for when I called the 202 number for the Office of Case Management. My NOD collected dust for almost 2 years and they were instrumental in helping get it put back on track. Someone else here might be able to shed more light on it.
  5. Here is a recent topic discussing 50% migraines. Carlie also included a link to the BVA search page, where you can search BVA decisions. I hope this helps you out
  6. If you requested a full copy of your C-file, they should have sent a full copy. Don't let them slack off. I would be inquiring about once per month. Also, you have the right to schedule an appointment to review the C-file in person. Don't just show up like I did. They laughed at me and it was a long ride home. When you get your C-file in the mail, keep in mind that you might have more records than they have or it could be the other way around. Take the time to go over every page - front and back. When I was in, the docs were notorious for writing new treatment notes on the back of existing notes. Until the VA starts using certified mail or return receipt to mail out C&P exam notifications, they can keep playing their same old dirty tricks. If they claim they sent it to you, it's legitimate, but if you claim to sent papers to them, you have to prove it. Regarding the C&P doc recommending a consult for sleep apnea, if the claim is not related to sleep apnea, they might just state that a consult might be needed and expect your primary care doc to write it. It's kind of like they are nice enough to type it in the record, but not notify anyone to act on it. Zero percent: Unless you receive an award letter stating that you are SC for a condition, the 0% pretty much means you are not SC. They denied a couple of my claims that I eventually won on appeal, but until I won they showed up as 0%. I remember my last pulmonary exam. They actually scheduled two appointments. The first was to to the full PFT workup in the pulmonary lab with the breathing hose, treadmill, etc... The second was for the doc to examine me. Sometimes they schedule these on the same days, but the last one I had was a few weeks apart. The VA can request a new C&P exam without notice. They typically don't within a year of SC, but they might. Unless your award letter says 'no further exams', they can request you come back in. If the VA tries to reduce a rating they must notify you in writing and they send it in the mail. Yes, the same snail mail that they used to hose up your C&P exam appointments. They are supposed to give you time to respond and (usually) prove them wrong. As a result, they might also request additional C&P exams. Ratings most typically reduced in this manner are temporary ratings, like some asthma ratings, and ratings after major transplants or treatments. Regarding the temporary asthma-type rating, the award letter would usually include a statement like 'this rating is temporary because your condition is expected to improve'. In my case, they reduced my asthma rating from 60% to 30% because they did not have evidence from an outside doc. I submitted my rebuttal and included the required records. They ignored it, but I won via NOD after DRO review.
  7. The VA uses a 'combined rating' for your overall percentage. As your combined rating goes higher, it becomes more difficult to increase with smaller ratings. However, because you are now SC for hearing loss, they now provide treatment for it without any co-pays. If the VA treated you for hearing loss since you originally filed the claim on 9/13/13 -and- charged you any co-pays, you can get with the VAMC business office and request reimbursement of those fees. If you are due any refunds, it could take a couple of months.
  8. Hey John, Did you talk with your doc about the pillar procedure? (see info I posted in your previous topic).
  9. I was at the VAMC for an appointment and the clerk told me I had a C&P scheduled the next day. I walked over to the C&P clinic and verified it was true. The next day I went to the C&P exam. When I got home the notification letter of the C&P exam was in my mailbox, postmarked the day before.
  10. I originally talked with a lawyer and was told that I should try to get IMOs to support my claims. They instructed me to file an NOD with DRO review. If the DRO denies my claims, then they would assist on the BVA appeal route. The NOD/DRO route was my last chance to try to get my case resolved prior to going into the vacuum of the BVA. I submitted an NOD and requested a DRO review that included rock solid IMO's from specialist doctors. It took a little less than 2 years for me to get my DRO appointment in 2013. I actually had a really good DRO and was surprised when they said that the previous denials should have never happened because the raters made stupid decisions. The DRO found in my favor on all claims. There is not a guarantee that a DRO will grant all claims, but they are supposed to apply a new set of eyes on the evidence.
  11. Berta, The tricky part for Snake Eyes and myself is that back in the early to mid-1990's, the denial/reduction justification text is typically very minimal. Back then, they did not have the duty to assist. I don't want to hijack Snake Eyes' topic, so I will move my CUE questions to a new CUE topic. Snake Eyes, Yeah, I thought it seemed similar. Berta is right that more info about the wording/situation is needed to help you further. I thought that BVA claim I linked sounded awfully familiar to your situation. Definitely try to do a lot of research before you commit to moving forward. One thing I learned here is to make sure your evidence is solid, clear, and to the point. Don't give the VA any reasons for them to delay or deny.
  12. Hi Snake Eyes, I smell old school VA BS. The VA loves to use self-reported statements against the Veteran, even if they have no objective evidence to back it up. Presumption of soundness When you joined the military they performed an entrance exam. Any pre-existing conditions would have been noted. If a condition was not noted during your entrance exam, unless it is extremely obvious, like a scar, if there is no objective evidence, the VA is supposed to presume that you did not have it. I am considering a CUE for similar reasons as you - self-reported subjective statements treated as BS objective evidence to deny a Veteran's claim or reduce a rating. In my case, one of my ratings was reduced from 30% to 20% because the VA claimed it was a pre-existing condition. I went back and checked my entrance exam, but only glasses and acne were objectively marked. I scoured my medical records and found only one instance where the doc said I stated having the condition when I was a child and the text matched what was in the award letter. The VA quoted that statement as their justification for their rating reduction. There was no objective indication that the Army doctor reviewed my childhood medical treatment records and noticed I was diagnosed with a condition. It was only a subjective reading of my records. I assume I probably mentioned it in passing during an exam and the doc just wrote it down. This claim was filed in 1995, so the same BS rules in effect prior to 2000 were likely applied to both of our claims. I did some research and found a Veteran who had a similar situation and actually won his CUE. Of course, we don't have access to all of the facts specific to this Veteran's case and I doubt this is a precedent-setting case, but the general CUE principles appear to be here. The VA denied him because of self-reported pre-existing condition. The ruling said that because of the presumption of soundness and no objective evidence was present, they reversed the pre-existing ruling.
  13. Hi John, That sounds promising, but doesn't sound like much fun to get it implanted. A while back I visited an ENT doctor here in town and they had a poster on the wall for the 'pillar procedure'. Basically, they insert some small semi-rigid strips into the soft palate. http://www.medtronic.com/for-healthcare-professionals/products-therapies/ear-nose-throat/sleep-disordered-breathing-products/pillar-procedure-system-for-snoring-and-sleep-apnea This might be an option for you and it seems a lot less invasive. My doc here in Birmingham offers it, so hopefully it might be available there in Florida. Not sure if they work because I didn't get them, but I am considering having it done. If you can't find a doc near Tampa, PM me and I will send you the name of my doc here in Birmingham. Regardless of which option you choose, please let me know the results. I have a problem keeping the blasted CPAP mask on my face when I sleep, so I don't get as much benefit from it as I should.
  14. Hiya Vern, I know that regardless of the VAMC clinic, if I see a resident or a nurse practitioner, they have to have their records signed off by an attending physician. My last C&P doc was probably practicing medicine before I was born, so I assume they knew their stuff. I went back and checked my record and I didn't see any secondary approvals. I guess it might depend on the 'level' of the examiner or the policies of your VAMC. My last C&O exam was at the Birmingham VAMC. If you let us know where you had your exam, someone who goes there might be able to share their experiences with you.
  15. Welcome to Hadit! In my opinion, the VA is following protocol. Even if you overwhelmed the VA with evidence in your favor, which many of us do, the VA historically tends to deny initial claims. They have recently supposedly tried to change this in light of all the scandals in the news. I believe most claims are won on appeal, which sometimes can take years. Let's look at your situation: 2010-04 - Filed PTSD and Sleep Apnea claims 2011 - C&P exam and sleep study, followed by what was most likely a 'rubber stamp' denial 2011-06 - NOD/appeal filed 2014-06 - New PTSD C&P exam If you did not hear back from 2011-06 on your claims, then the new exam was most likely involving your NOD/appeal. They most likely needed a new exam because it has been more than 12 months since your last exam and they needed to get a current assessment. If you want to know for sure, or at least get a reasonable idea, call 1-800-827-1000 (also known as Peggy, per the cheesy Discovery card commercial). Call them early in the day. If you wait until later you will get the cheesy recording saying they are 'too busy'. Also, be sure to check out the many of the cool forums and resources here at Hadit.
  16. If their records are incorrect, you should be able to file for a correction of records. First thing you need to do is get a copy of your service records from Uncle Sam so you can see what they really have. http://www.archives.gov/veterans/military-service-records
  17. The VA should be nice enough to at least explain what the acronyms mean
  18. Like most laws involving the VA, the intention is good, but compliance is bad.
  19. Some facilities have a dedicated travel rep. My VAMC gives you 30 days to resolve/file.
  20. The whole purpose IMO of the 12 month window is to catch problems that did not appear while on active duty.
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